Experts
The following are digests and case links to
Circuit Court Admiralty Cases that have as an issue experts:
Diefenbach
v. Sheridan Transportation
First Circuit Court of Appeals
October 6, 2000
Experts: the district court did not
abuse its discretion when it allowed plaintiff's expert witness to present
expert testimony concerning docking and undocking procedures since the
witness had the knowledge, skill, experience, training and education to
qualify him as an expert and his testimony assisted the trier of fact to
better understand the case; Damages: defendant's motion for remittitur
on the grounds that the jury awarded excessive damages was properly denied
since there was sufficient supporting evidence introduced regarding the
plaintiff's injury, his inability to earn a living and the pain and suffering
he experienced, is experiencing and will experience in the future; Juries:
defendant
failed to request that the jury be instructed to reduce lost wages to present
value and that any award is not subject to taxes, thus the district court's
failure to so instruct is not reversible error.
Certain
Underwriters at Lloyd's v. Sinkovich
Fourth Circuit Court of Appeals
November 2, 2000
Experts: underwriters' marine surveyor
who was not identified as an expert witness in response to discovery demands
could not testify as an expert at trial, only as a lay witness; the District
Court erred in allowing the marine surveyor, who had no personal knowledge
of the events in question, to answer hypothetical questions and generally
give his opinion in an expert manner, rather than as normal person would
based upon first-hand perceptions; Evidence: the District Court
also erred in admitting the marine surveyor's report as a business record
since it was prepared in anticipation of litigation and consequently lacked
the requisite trustworthiness. |